Search Results for "Indian Evidence Act"

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Supreme Court

Supreme Court Allows Appeal in Property Dispute, Reverses High Court's Dismissal of Second Appeal Under Section 100 CPC. The High Court's failure to frame a substantial question of law as required under Section 100 of the Code of Civil Procedure, 1908, rendered its judgment unsustainable, leading to remand for fresh consideration.

23 Apr 2025

The appeal arose from a property dispute involving cancellation of sale deeds, recovery of possession, and injunction. The appellants, second to fifth...

Supreme Court

Supreme Court Upholds Acquittal of Accused in Murder Case Due to Unreliable Child Witness Testimony and Procedural Lapses. The Court Found That the Trial Judge Failed to Ascertain the Competency of a Minor Witness Under Section 118 of the Indian Evidence Act, 1872, and the Dying Declaration Evidence Was Not Put to the Accused Under Section 313 of the Code of Criminal Procedure, 1973.

22 Apr 2025

The appeals arose from a High Court judgment acquitting the accused of murder charges under Section 302 of the Indian Penal Code, 1860, related to the...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Managing Director in Cheating Case Based on Res Judicata and Lack of Specific Allegations. The Court held that findings from previous Section 138 Negotiable Instruments Act proceedings are binding under res judicata, and prosecuting a director without arraying the company as an accused under Section 420 Indian Penal Code is impermissible.

16 Apr 2025

The dispute arose from business dealings between Ruchira Papers Ltd., represented by its Managing Director S.C. Garg (appellant), and I.D. Packaging, ...

Supreme Court

Supreme Court Acquits Husband in Wife&#039;s Death Case - Overturns High Court Conviction Under Section 302 IPC Due to Lack of Circumstantial Evidence and Flawed Application of Section 106 Evidence Act - Trial Court&#039;s Acquittal Restored

7 Apr 2025

<p>The Supreme Court allowed the appeal filed by the husband against his conviction by the High Court under Section 302 of IPC -- The Trial Cour...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Unreliable Evidence and Prosecution Inconsistencies. Conviction under Section 302 IPC Set Aside as Last Seen Testimony Was Uncorroborated, Extra-Judicial Confessions Were Inadmissible, and Unexplained Delay in FIR Presentation Cast Doubt on Prosecution Case.

4 Apr 2025

The appeal arose from a murder conviction where the appellant, along with others, was accused of killing a police constable who had chased them for al...

Supreme Court

Supreme Court Dismisses Port Trust's Appeal in Licence Fee Recovery Case Due to Limitation Bar. Recovery Proceedings Under Public Premises Act, 1971 Held Time-Barred as Cause of Action Arose in 2010 and Proceedings Initiated in 2015 Exceed Three-Year Limit Under Limitation Act, 1963.

3 Apr 2025

The dispute arose from the New Mangalore Port Trust (NMPT) allotting land to licensees for loading and unloading goods, with licence fees subject to r...

Supreme Court

Supreme Court Partially Sets Aside High Court Judgment Annulling Entire Recruitment Process and Directs Fresh Scrutiny for Validly Selected Candidates. The Court held that blanket cancellation without distinguishing between tainted and untainted appointments violates principles of natural justice and proportionality under the West Bengal School Service Commission Act, 1997 and related recruitment rules, requiring individual examination of each selectee's case.

3 Apr 2025

The Supreme Court considered appeals challenging the Calcutta High Court's judgment dated 22.04.2024, which had set aside the entire 2016 selection pr...

Supreme Court

Supreme Court Modifies Conviction from Murder to Culpable Homicide Not Amounting to Murder in Road Rage Case. The court held that the offence fell under Section 304 Part I of the Indian Penal Code, 1860 due to lack of premeditation, sudden provocation, and the deceased's group being aggressors, reducing the sentence to 7 years rigorous imprisonment.

25 Mar 2025

The judgment arose from a criminal appeal concerning a road rage incident that resulted in a fatal injury. The appellant was convicted under Section 3...

Supreme Court

Supreme Court Upholds Acquittal in TADA Case Due to Procedural Lapses in Recording Confessional Statements. Confessions Under TADA Act Deemed Inadmissible Due to Non-Compliance with Safeguards

20 Mar 2025

Procedural Safeguards under TADA Act: The Court emphasized that confessions recorded under Section 15 of the TADA Act must strictly comply with the p...

Supreme Court

Title Dispute Over Suit Property – Second Appeal Allowed – Lower Court Findings Reversed. High Court set aside concurrent findings of the Trial and First Appellate Court – Plaintiff failed to establish ownership through title deeds – Revenue records do not confer title – Suit for injunction without proving ownership not maintainable – Appeal dismissed.

19 Mar 2025

High Court correctly held that plaintiff’s documents did not prove ownership. Revenue records are not conclusive proof of title. Oral partition clai...

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